PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior may change or cancel government debts owed by individual Indians or Indian tribes so the result is fair given how the charges were made. Collection of construction costs on Indian-owned land inside federal irrigation projects is put off. No new assessments will be made on those lands until the Indian title to the land is ended, and past uncollected construction assessments under section 386 are canceled. The Secretary must tell Congress about any changes within 60 calendar days after the fiscal year they are made. The changes do not take effect until Congress approves them, unless Congress neither approves nor rejects them by concurrent resolution within 90 calendar days after the report, in which case they take effect after those 90 days. The same rules apply to people who hold leases on Hawaiian home lands.

Title 25, §386a

Indians, Source: USLM XML via OLRC

The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian-owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of section 386 of this title, and uncollected, are hereby canceled: Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within ninety calendar days after the filing of said report, in which case they shall become effective at the termination of the said ninety calendar days: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Pub. L. 104–42 inserted before period at end “: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of

Construction

costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section”. 1982—Pub. L. 97–375, § 208(a)(1), substituted “That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made” for “That a report shall be made to Congress annually, on the first Monday in December, showing adjustments so made during the preceding fiscal year” in second proviso. Pub. L. 97–375, § 208(a)(2), substituted “ninety calendar days” for “sixty legislative days” wherever appearing.

§386a Adjustment of Reimbursable Debts; Construction Charges